Louisville & Jefferson County Metropolitan Sewer District v. Bischoff

Opinion of the Court by

Justice MINTON.

The Louisville and Jefferson County Metropolitan Sewer District (MSD) challenges a decision of the Court of Appeals that held that (1) both Section 242 of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 416.620 require an *534affirmative waiver of a jury trial in eminent domain proceedings and (2) failure to make a timely demand under the Kentucky Rules of Civil Procedure (CR) 38.02 does not amount to an affirmative waiver. Upon review, however, we believe that the constitutional, statutory, and procedural provisions implicated in this case are…